Contentious Probate
Case Examples
These are the most common types of cases (including a real show biz example). All of these problems could be overcome by a professionally prepared will.
Example 1
A man has daughter(s) from an earlier relationship. Now he is in a stable but childless relationship with his girlfriend. He dies with no will.
Result: The estate passes to the daughter(s). The girlfriend is homeless!
Comment: The girlfriend can bring a claim for provision under the Inheritance (Provision For Family & Dependants) Act 1975, but the estate and the daughter(s) would be separately represented. In relatively low value estates, the estate can be wiped out by solicitors’ fees in these circumstances.
Example 2
A man and his girlfriend have a child. They do not marry. One dies. There is no will.
Result: The estate passes to the child. The survivor is potentially homeless.
Comment: The survivor can bring a claim for provision under the Inheritance (Provision For Family & Dependants) Act 1975, but the estate and the child would be separately represented. In relatively low value estates, the estate can be wiped out by solicitors’ fees in these circumstances.
Example 3
Husband and wife divorce. There is one child. The wife hates the ex-husband. She remains single. There is no will. The wife and child die in the same accident.
Result: The wife’s estate passes to her ex-husband.
Comment: Unless the wife has a new dependant partner, nothing can be done about this result post death. Prior to death, a will would have resolved the problem. It is the multiple death scenario that most people forget to think of when deciding not to make a will.
Example 4
Husband and wife are married. However, the husband has a secret mistress who he supports. The husband has a will which makes no reference to the mistress. The husband dies.
Result: The will is effective, but the mistress will have a claim for provision under the Inheritance (Provision For Family & Dependants) Act 1975
Comment: This problem can only be overcome if the husband is candid with his solicitor when the will instructions are being given.
Example 5
A widower with grown up children has a secret gay lover who he supports. The lover is described as “the lodger” to his children. He has a will which makes no reference to his lover. The widower dies.
Result: The will is effective, but the lover will have a claim for provision under the Inheritance (Provision For Family & Dependants) Act 1975.
Comment: This problem can only be overcome if the widower is candid with his solicitor when the will instructions are being given.
Example 6 (the show biz example – reported in The Times on Thursday 5th November 2009)
Peter Sellers had reached a divorce settlement with his fourth wife, Lynne Frederick on 15th June 1979. However, he died on 24th July 1980 before the Decree Absolute was granted. It is not clear from the report, but presumably the divorce settlement was conditional upon the Decree Absolute. He still had a will, which appears to have left everything to his wife except for £750 to each of his 3 children.
Result: The £4.5 million estate went to Lynne Frederick even though she had agreed to a divorce settlement of £350,000 and their Los Angeles home. The newspaper report states that the children “were unable to challenge the will as they had been given token amounts and had not been left out “by mistake”.” Presumably (and perhaps surprisingly) the children were not dependant upon their father
Comment: If a divorce is on the cards, it is essential that a new will be made immediately.
